West Chester Personal Injury Lawyer
An accident can change your life in a split second. Suddenly, rather than focusing your time and energy on your career, hobbies and family, you are forced to deal with physical injuries, missed work and insurance companies. Nobody expects to get into an accident, yet, accidental injuries constitute a leading cause of death, incapacitation, productivity, medical costs and the inability of individuals at any age to participate in activities of daily living. According to the most recent official government statistics, hundreds of West Chester residents die as a result of accidents each year, making accidents the fifth leading cause of death in Chester County, Pennsylvania.
At MyPhillyLawyer, we proudly represent accident victims and their families in West Chester personal injury cases, helping our clients obtain the compensation they need and deserve after suffering serious injuries. We combine aggressive representation with personalized service, seeking maximum compensation for each of our many clients. Our attorneys have recovered more than $500 million on behalf of our injured clients and their families through this approach.
What Is a West Chester Personal Injury Claim?
A personal injury claim is a lawsuit brought in civil court. The purpose of a personal injury lawsuit is to secure compensation for an accident victim’s injuries caused by another party’s negligence. Personal injury lawsuits are different from criminal cases, which focus on punishing the at-fault party for their conduct. While the government may bring criminal charges against someone who causes an accident, personal injury lawsuits are independent of any criminal case. Even if the government chooses not to bring a criminal case or the at-fault party is acquitted at trial, an accident victim can still bring a personal injury claim.
Successfully bringing a West Chester personal injury lawsuit requires an accident victim to prove the four basic elements of a negligence claim.
- Duty: Did the other party owe you a duty of care?
- Breach: Did the other party violate the duty of care owed to you?
- Causation: Was the other party’s actions the cause of the accident?
- Damages: Did you suffer legally recognizable damages as a result of the accident?
While this may seem straightforward in theory, proving a personal injury lawsuit can be challenging in practice. This is especially the case once an insurance company gets involved in the process. At MyPhillyLawyer, our West Chester personal injury lawyers represent injury victims in all types of accident-related claims. We have extensive experience investigating, negotiating, and litigating personal injury cases, allowing our clients to focus on their recovery.
Types of West Chester Personal Injury Cases
An injury victim can bring a personal injury lawsuit after almost any type of accident. Some of the most common types of West Chester personal injury cases involve the following claims:
Motor Vehicle Collisions
Motor vehicle accidents are one of the leading causes of preventable injury in West Chester and across the state. According to recent statistics, there are almost 3,500 Chester County auto accidents each year. More than 30 people were killed and 1,300 injured as a result of these collisions.
At MyPhillyLawyer, we represent accident victims on all types of motor vehicle collisions, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Rideshare accidents
While any type of negligent driving behavior can cause a car accident, some of the most common causes of these accidents include:
Impaired Driving: Every single drunk driving accident is entirely preventable. Yet, drivers continue to get behind the wheel after having too much to drink or taking drugs. Drivers impaired by drugs or alcohol are responsible for about 7,700 accidents each year. This results in roughly 13 injuries and one death per day.
Distracted Driving: Distracted driving occurs when a driver engages in any activity that removes their attention from where it should be—the road. Given the prevalence of cell phones in recent years, the number of West Chester distracted driving accidents has dramatically increased. Across the state, there are more than 11,000 distracted driving accidents per year.
Aggressive Driving: Speeding is one of the most common forms of aggressive driving. However, there are many other types of aggressive driving behavior, which put everyone on the road at risk. For example, cutting in and out of lanes, drag racing, taking corners too quickly, tailgating and failing to use turn signals can all constitute aggressive driving.
Slip and Fall Accidents
All businesses and individual property owners owe a duty of care to those guests they invite onto their property. While the extent of a landowner’s duty to their guests varies depending on the circumstances, Pennsylvania premises liability law generally requires businesses to fix any known hazards, warn customers of dangerous conditions and conduct regular inspections to discover potentially hidden dangers. When property owners fail to take the necessary precautions to ensure the safety of their guests, they may be liable through a West Chester slip and fall lawsuit. Common locations of slip and falls include:
- Grocery stores
- Shopping malls
- Doctors’ office
- Parking lots and garages
- Apartment complexes
- Government building.
Dangerous and Defective Products
Product liability is the term used to describe the area of law clarifying a manufacturer’s duty to customers and others who may come into contact with the company’s products. Typically, manufacturers are strictly liable for any injuries caused by their dangerous or defective products. This means that if a product suffers from a design or manufacturing defect, anyone injured by that product does not need to prove that the manufacturer was negligent. Manufacturers can also be held liable for failing to warn consumers about the inherent dangers of their products.
Doctors, dentists, nurses, surgeons, pharmacists and other healthcare professionals are duty-bound to provide their patients with a certain level of care. While doctors and other medical professionals cannot guarantee the desired outcome, they must provide patients with an acceptable level of care. If a healthcare worker’s negligence results in injury to a patient, the patient may pursue a West Chester medical malpractice claim against the provider.
Some common types of medical malpractice claims include:
- Misdiagnoses and delayed diagnoses
- Labor and delivery errors
- Surgical errors
- Medication mistakes
- Emergency room negligence
- Misreading test results
- Providing poor follow-up care
Given that many West Chester residents work full-time, it is no surprise that many preventable injuries occur on the job. Depending on the circumstances, employees injured on the job can either pursue a workers’ compensation claim or a personal injury lawsuit.
The Pennsylvania workers’ compensation system provides limited benefits to employees who suffer injuries in an on-the-job accident. One advantage of a workers’ comp claim is that you do not need to prove anyone else caused your injuries. Even if your injuries were caused in part by your own negligence, you may still be entitled to workers’ compensation benefits. Workers’ compensation claims also take less time to resolve.
However, there are also drawbacks to workers’ compensation claims. For example, you can only recover compensation for your medical expenses and lost wages in a West Chester workers’ compensation claim.
A third-party personal injury case is different from a workers’ compensation claim because you must prove another person was at fault for your injuries. This makes proving a third-party personal injury claim more difficult. However, generally, you can recover a greater range of damages through a personal injury lawsuit, including compensation for your pain and suffering.
However, Pennsylvania workers’ compensation laws prohibit most injured workers from bringing a personal injury claim against their employer. This is because a workers’ compensation claim is viewed as an injured employee’s sole remedy against an employer. Thus, a personal injury case stemming from a West Chester workplace accident is typically brought when a third party’s negligence caused an accident victim’s injuries. Examples of third parties who may be responsible for a manufacturing injury include:
- Another employer’s worker
- A manufacturer of a dangerous or defective product
- Contractors and subcontractors
- Other drivers
If you have been injured in a workplace accident, it is important to discuss your case with a West Chester personal injury lawyer to determine which type of case best fits your situation.
Damages in a West Chester Personal Injury Lawsuit
An accident can have a profound effect on your life. Often, accident victims understandably focus on their physical injuries. However, even if you completely recover from your injuries, an accident’s impact on your life extends well beyond your physical recovery. You may have been unable to work for weeks or months, you may have missed important family events or milestones, and you may face a lifetime of lingering pain and physical limitations. At MyPhillyLawyer, we believe that you deserve to be compensated fairly for the toll the accident took on your life.
In general, Pennsylvania law allows accident victims to recover two types of damages: economic and non-economic damages. Economic damages are the out-of-pocket costs you face as a result of the accident. Economic damages also include any money you would have earned but could not due to your injuries. The most common examples of economic damages in a West Chester personal injury case include:
- Past medical bills
- Future medical expenses
- Lost wages
- Decrease in earning capacity
- Property damage
- Modifications to your home to accommodate any ongoing disabilities
Non-economic damages compensate you for the emotional and psychological impact the accident had on your life. Unlike economic damages, non-economic damages are subjective because accidents affect everyone’s life differently. Some of the most common types of non-economic damages include:
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
- Loss of familial relationships
At MyPhillyLawyer, our West Chester personal injury lawyers have decades of experience helping accident victims recover full and fair compensation for their injuries. We take as much time as necessary to fully understand your life before and after the accident so we can identify the full extent of damages you are entitled to.
MyPhillyLawyer Has a Successful Track Record
Every case is different, and every accident victim’s situation is unique. However, at MyPhillyLawyer, we strive to provide every client with the exceptional representation that they deserve. Often, we can secure significant damages awards on behalf of our clients. Some recent representative verdicts and settlements include:
- $80,000,000.00 – Defective transvaginal mesh lawsuit.
- $20,000,000.00 – Birth injury causing significant brain damage.
- $6,750,000.00 – Brain injury caused by a fall from an ATV while on vacation in the Dominican Republic.
- $3,500,000.00 – Failure to provide appropriate medical care in an emergency room, leading to the death of a 48-year-old patient.
- $2,100,000.00 – Medical malpractice lawsuit involving a doctor’s failure to diagnose an aneurysm leading to stroke and permanent disability.
- $2,000,000.00 – Tractor-trailer collision resulting in our client’s death.
- $1,900,000.00 – Tractor-trailer accident resulting in our client’s death.
- $1,750,000.00 – Truck accident causing permanent injuries.
- $1,560,000.00 – Fall from scaffolding at a construction site resulting in multiple fractures.
- $1,125,000.00 – Shattered hip socket due to a high-impact car accident.
- $1,100,000.00 – Knee and hip injuries stemming from a fallen tree on a neighboring property.
- $500,000.00 – Death of a 79-year-old woman due to the abuse of a home health care aide.
Contact the West Chester Personal Injury Attorneys at MyPhillyLawyer for a Free Consultation
At MyPhillyLawyer, we represent individuals who have been seriously injured after an accident. Our veteran team of West Chester personal injury lawyers has over a century of experience handling all types of personal injury cases. We are both skilled negotiators and aggressive litigators, meaning we can handle your case from beginning to end with no interruption. To learn more about how we can help you recover compensation for your injuries, call 215-227-2727 or toll-free 800-461-3741. Calling is free, and we will not bill you for our legal services unless we can help you recover compensation for your injuries.